Regulation 2(2)
1. In section 4 of the Railway Fires Act 1905 M1 (definitions and application), for paragraph (c) of the definition of “railway company” substitute—
“(c)who holds a European licence granted pursuant to—
(i)a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M2 or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) M3, or
(ii)any action taken by an EEA State for that purpose.”.
Marginal Citations
M11905 c. 11; the definition of “railway company” in section 4 was inserted in relation to England, Scotland and Wales by the Railways Act 1993 (c. 43), Schedule 12, paragraph 2(2). Paragraph (c) was inserted by S.I. 2005/3050, Schedule 1, Part 1, paragraph 1(b).
M2O.J. No. L 143, 27.6.95, p. 70.
M3O.J. No. L 343, 14.12.12, p. 32, as corrected by Corrigendum, O.J. L 67, 12.3.2015, p. 32.
2. In Schedule 2A to the Insolvency Act 1986 M4 (exceptions to prohibition on appointment of administrative receiver: supplementary provisions), for paragraph 10(1)(n) substitute—
“(n)in reliance on a European licence granted pursuant to—
(i)a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(ii)any action taken by an EEA State for that purpose.”.
Marginal Citations
M41986 c. 45; Schedule 2A was inserted by the Enterprise Act 2002 (c. 40) section 250(2), Schedule 18. Paragraph 10(1)(n) was inserted by S.I. 2005/3050, Schedule 1, Part 1, paragraph 2(b). Paragraph 10(2B) of that Schedule was inserted by S.I. 2005/3050, Schedule 1, Part 1, paragraph 2(c).
3.—(1) The Railways Act 1993 M5 is amended as follows.
(2) In section 6(2) (prohibition on unauthorised operators of railway assets), for the definition of “European licence”M6 substitute—
““European licence” means a licence granted pursuant to—
(a)a provision contained in any instrument made for the purpose of implementing—
(i)Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii)Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(b)any action taken by an EEA State for that purpose;”.
(3) For section 80(1A) M7 (duty of certain persons to furnish information to the Secretary of State, the Scottish Ministers or the Office of Rail and Road on request) for the words from “for the purpose of implementing” to the end substitute—
“for the purpose of implementing—
(a)Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(b)Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast).”.
(4) In section 145(2) (general restrictions on disclosure of information)—
(a)in paragraph (ga) M8, for the words from “for the purpose of implementing” to the end substitute—
“for the purpose of implementing—
(i)Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii)Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast);”; and
(b)omit paragraph (gb) M9.
Marginal Citations
M6The definition of “European Licence” was substituted for the definition of “international licence” by S.I. 2005/3050, Schedule 1, Part 1, paragraph 3(1) and (3)(a).
M7Subsection (1A) was inserted by S.I. 2005/3050. Schedule 1, Part 1, paragraph 3(1) and (7)(a) and amended by S.I. 2015/1682, Schedule, Part 1, paragraph 1(xx).
M8Section 145(2)(ga) was inserted by S.I 2005/3050, Schedule 1, Part 1, paragraph 3(1) and (9) and amended by S.I. 2015/1682, Schedule, Part 1, paragraph 1(aaa).
M9Section 145(2)(gb) was inserted by S.I. 2005/3049, Schedule 1, Part 1, paragraph 4(e)(ii) and amended by S.I. 2009/1122, Schedule, paragraph 1(1) and (2)(a) and S.I. 2015/1682, Schedule, Part 1, paragraph 1(aaa).
4. In section 235(2)(b) of the Greater London Authority Act 1999 M10 (restrictions on disclosure of information), for the words from “implementing” to the end substitute “ implementing Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast); ”.
Marginal Citations
M101999 c.29. Subsection (2)(b) was amended by the Railways Act 2005 (c. 14), Schedule 12, paragraph 14(1) and (5) and Schedule 13, Part 1; S.I. 2005/3049, Schedule 1, Part 1, paragraph 5(a); S.I. 2009/1122, Schedule, paragraph 2; S.I. 2014/892, Schedule 1, Part 2, paragraph 119(1) and (2); and SI 2015/1682, Schedule, Part 1, paragraph 4(n)(iv).
5. In section 17 of the Railways and Transport Safety Act 2003 M11 (extent)—
(a)omit “only”, and
(b)after paragraph (b) insert—
“, and
(c)Northern Ireland.”.
Marginal Citations
6.—(1) Schedule 1 to the Civil Contingencies Act 2004 M12 is amended as follows.
(2) For paragraph 24(1) substitute—
“(1) A person who provides services in connection with railways in Great Britain and who holds a European licence granted pursuant to—
(a)a provision contained in any instrument made for the purpose of implementing—
(i)Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii)Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(b)any action taken by an EEA State for that purpose.”.
(3) For paragraph 35(1) substitute—
“(1) A person who provides services in connection with railways, in so far as such services are provided in Scotland, and who holds a European licence granted pursuant to—
(a)a provision contained in any instrument made for the purpose of implementing—
(i)Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii)Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(b)any action taken by an EEA State for that purpose.”.
Marginal Citations
M122004 c. 36. Schedule 1, paragraphs 24 and 35 were substituted by S.I. 2005/3050, Schedule 1, Part 1, paragraph 4.